QUESTION

I filed an I-130 for my husband 12 months ago (Not Approved). Few months ago our child was born in a foreign country; do I file new case?

Asked on Aug 06th, 2024 on Immigration - New York
More details to this question:
I filed an I-130 Petition for my husband about 12 months ago and it's still not approved. Few months ago my daughter was born in a foreign country; do I file separate case for my daughter or can my child be added to my husband's case?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
I will assume for purposes of your question that you are a US citizen. If an LPR, the child can be added as a dependent. However, an I-130 petition filed by the US citizen for a spouse falls in the immediate relative category, which does not allow dependent children. Please note that the new child may be a US citizen if you are a US citizen who has been physically present in the US or its outlying possessions for five years prior to the child’s birth, at least two of which were after the age of 14. In such case, you would apply at the US consulate or embassy for the child’s recognition as a US citizen. If you do not meet those conditions, you would file an I-130 petition for the child. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Aug 25th, 2024 at 6:03 PM

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